Court Notices published in Govt. Gazette No. 19,938 of 23 January 2018

110

By a decree of the 12th January, 2018, given by the Courts of Magistrates, ordered that the extract hereunder mentioned be published for the purpose of service according to article 187(5) of the Code of Organization and Civil Procedure (Cap. 12).
That by the application filed by Terracore Limited (C 32227) on the 30th of March, 2016, is asking for the withdrawal of the amount of €5,994.40 by Terracore Limited deposited by the Schedule of Deposit number 640/2016 in the names of:

Terracore Limited (C 32227) vs Marinelli Costruzioni S.p.A (OC 537)

The Court ordered the notification of this application with one week for filing a replay.

Registry of the First Hall of Civil Courts (Malta), today the 18th of January, 2018

MARVIC FARRUGIA
For Registrar of Courts and Civil Tribunals



111

Bann for Curators

Republic of Malta 

To the Marshall of the Court

By means of a decree given by this Court, on the 4th December, 2017, following a request of the Commissioner for Revenue, it was ordered that deputy curators be chosen to represent the absent Joseph Pavia pro et noe in the records of the judicial letter number 1857/2017, in the names Commissioner for Revenue vs Deputy Curators and in the relative and subsequent acts.

By means of a Judicial Letter, filed, in the First Hall Civil Court, against Joseph Pavia (ID 281687M) in his own name as well as Director in the name and in representation of the company Mambra Food and Beverages Ltd (Reg. Number C 26427) previously Mambra Office Equipment Ltd, (Reg. Number C 26427) on the 19th May, 2017, the Commissioner for Revenue, called upon the above mentioned so that within two (2) days from the service of this act they pay him the amount of one million, one hundred fifty-six thousand, nine hundred and six euro and twelve cents (€1,156,906.12)representing amount due by you pro et noe according to the same Act.

 With costs and interest according to Act XX111 of 1998, above mentioned till, the date of effective payment.

This calling is being made for all intents and purposes of law and particularly but not exculisvely in order to render executable the executive title that the same Commissioner for Revenue has against you by means of the Notices sent to you hereby annexed Doc. A.
In default the interpellant warns you that he shall pass to execute the said executive title he has against you pro et noe by means of the opportune warrants.

So much so that you may know how to regulate yourselves and to proceed.

Interpellant: VAT Department, Centre Point Building, Triq Ta’ Paris, Birkirkara

Services: 1. Joseph Pavia-30/31, Triq il-Warda, Żurrieq
2. Mambra Food and Beverages Ltd – Mambra Electronics, St Thomas Street, Ħal Luqa
Mambra Food and Beverage Ltd, 30/31, Triq il-Warda, Żurrieq
        
You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this registry within six days and by means of a minute to submit a declaration that he wishes so to act.

You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.

And after so acting or if you should encounter any difficulty in th execution of this bann, you are to inform forthwith this Court.

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Mr Justice Joseph R. Micallef LLD, Doctor of Laws.

Today 4th December. 2017

Registry of the Superior Courts, today 18th January, 2018

ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals






112

Notice is hereby given that by a decree of the Court of Appeal (Inferior Jurisdiction), entered on the 30th day of August, 2017, in the records of the Application in the names Doris Camilleri (ID 787055M) vs Rosita Merzagora (ID 0130880A) et, Application 225/2016, it was ordered that service upon Doris Camilleri (ID 787055M) be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of an Application of Appeal filed in the Court of Appeal (Inferior Jurisdiction), in the names Doris Camilleri (ID 787055M) vs Rosita Merzagora (ID 0130880A) and Fabrizio Mariani (ID 0130881A) on the 15th day of May, 2017, the appellants Rosita Merzagora (ID 0130880A) et respectfully submitted:

That by means of a Notice of Claim filed in the Small Claims Tribunal on the 17th day of June, 2016, the plaintiff, here appellee, contended that quoted in the abovementioned Application of Appeal;

That in their Reply, the defendants, here appellants, pleaded that quoted in the said Application of Appeal;

That by means of a judgment entered on the 26th day of April, 2017, the Small Claims Tribunal upheld the claims of the plaintiff and ordered the defendant appellants to pay the sum of €1,040.20 with costs, and this after an express rejection of the second plea of the defendants relating to the incompetence of the Tribunal to hear the cause, as well as the rejection of the third plea relating to the merits of the same;

That the defendants felt aggrieved by the abovementioned judgment and, therefore, are filing this humble appeal in this Honourable Court of Appeal;


That the grievances of the appellants are clear and manifest and consist of the following:

(i) The assessment and the mistaken rejection of the second plea of the appellant relating to the incompetence of the Tribunal of first instance to hear the present cause (Article 8(2)(a) of Cap. 380 of the Laws of Malta), and (ii) failure to comply with the provisions of Article 7(2) of Cap. 380 of the Laws of Malta (Article 8(2)(c) of Cap. 380 of the Laws of Malta) … omissis … the defendant appellee is not a co-owner of the roof of the condominium in question, as well as on the basis of the fact that she has no right to use the roof, and therefore, has no right to institute legal action for the damages in question … omissis … with due respect, be it noted that the logic espoused by the Court of First Instance implies that a person who has no title or right of relative use on the property of third parties, and that abusively and illegally installs services on the property of others, is legitimized and granted protection by law to institute a cause for damages as a result of the damage she/he could have suffered … omissis …;

That the abovementioned Application of Appeal refers to the principles relating to the legal interest of a plaintiff who institutes a legal action by citing inter alia a judgment of the First Hall of the Civil Court dated the 11th day of May, 2011;


That from a reading of Article 3 of Cap. 380 of the Laws of Malta one must, necessarily, conclude that the competence rationae materiae of the Small Claims Tribunal is only limited to the hearing and for deciding money claims of an amount not exceeding €5,000.00, so long as it is not contrary to the dispositions contained in sub-article 5 of the same Article, or rather that, in the same causes, ‘questions’ of burdens or “other rights annexed to such property [immovable property]” are not invloved. This by an explicit and irrefutable will of the special law itself … omissis …;

… Omissis … This means that the Tribunal was bound and obliged to scrutinize the evidence submitted by the plaintiff against this background, as well as to evaluate if the allegations of the plaintiff in this regard were true … omissis …;

That the abovementioned Application of Appeal also quotes the minutes of the court audiences of the 24th day of October, 2016, and the 11th day of January, 2017, while making reference to several judgments of our Courts and Tribunals;

That, therefore, in view of the above-given considerations and legal principles, elaborated upon in the abovementioned Application of Appeal, the appellant defendants respectfully submit that this Honourable Court of Appeal should move to uphold their second plea and declare that the Small Claims Tribunal does not have competence ratione materiae necessary to decide the merits of the present cause;


(iii) The completely mistaken assessment of the facts and evidence submitted in the records of the present cause. That, although, in principle, the Court of Appeal, as a Court of Revision, usually does not disturb the assessment of the facts conducted by the Court or Tribunal of first instance, in the present case this Honourable Court is humbly being requested to conduct its superior assessment relative to the discretion used by the Tribunal of first instance. This, in view of the fact that the appellant defendants are of the opinion that the discretion of the Tribunal was ‘manifestly exercised wrongly’, which fact constitutes ‘a serious ground’, in terms of the jurisprudence in materia.

That the abovementioned Application of Appeal gives detailed considerations relating to the Title vaunted by the plaintiff … omissis … without prejudice to the view of the appellant defendants that the Court of First Instance had no competence ratione materiae required by law to decide on the merits of the present cause, be it noted that, in any case, the public deeds submitted by the plaintiff herself, it results that she has no title or right to use the roof merits of these proceedings … omissis …;


That the abovementioned Application of Appeal also gives factual considerations relating to the merits...omissis...in respect of the analysis of the remaining evidence submitted in respect of the damage allegedly suffered by the plaintiff, it is submitted that gross incompatibility exists, as well as inconsistency and conflict between: (a) the testimony of the plaintiff offered during examination and the testimony of the plaintiff herself offered during cross-examination; (b) the testimony of the plaintiff and the testimony of the defendant appellant Fabrizio Mariani, and (c) the testimony of the plaintiff and the other evidence produced by the defendant appellants … omissis …; 

That the abovementioned Application of Appeal makes considerations relative to the Quantum sought by the plaintiff … omissis … the plaintiff is trying to enrich herself from this lawsuit by requesting compensation for damages from the applicants, whereas, in fact, her own representatives have caused any damage that there might have been in the same installations;
 
That the abovementioned Application of Appeal then also gives considerations relating to the evidence produced by the defendants and not challenged by the plaintiff … omissis … Thus, in terms of the supporting principles mentioned in the Application of Appeal, it is pointed out that such a failure on the part of the plaintiff amounted to the acceptance of the version of the facts given by the defendant appellant Fabrizio Mariani during the audience of the 31st day of January, 2017; 

Therefore, for the reasons set and exposed in the abovementioned Application of Appeal, the appellants, while making reference to all the records of the cause, and while reserving the right to submit further evidence and witnesses allowed under the law at this stage, ask this Honourable Court of Appeal to uphold their appeal by accepting the pleas of the defendant appellants and, consequently, cancel and revoke the judgment in the abovementioned names by the Small Claims Tribunal entered on the 26th day of April, 2017, and this in view of the foregoing considerations and grounds, with the relative costs of both instances against the appellee.

The Application of Appeal in the names Doris Camilleri (ID 787055M) vs Rosita Merzagora (ID 0130880A) et was deferred for hearing to the 10th of April, 2018, at 9.45 a.m.

Appellants: Rosita Merzagora (ID 0130880A) et, Flat 6, Huliet Court, Triq l-Imħar, Qawra

Services: Doris Camilleri (ID 787055M), ‘Tynedale’, Triq Tal-Wej, Mosta
Registry of the Superior Courts, Inferior Appeals

Today Thursday, the 18th day of January, 2018

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD
For the Registrar, Civil Courts and Tribunals


113

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 9th day of January, 2018, in the records of the Sworn Application in the names Gauci Holdings Co. Ltd (C 4217) vs Terres Co. Ltd (C 5757) et, Sworn Application Number 1073/2017 MCH, it was ordered that service upon L-Għajn Construction Company Limited (C 6360) and Ideal Constructions Ltd (C 7530) be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of a Sworn Application filed in the First Hall Civil Court, in the names Gauci Holdings Co. Ltd (C 4217) vs Terres Co. Ltd (C 5757), L-Għajn Construction Company Limited (C 6360) and Ideal Constructions Ltd (C 7530) on the 27th day of November, 2017, the applicant company Gauci Holdings Co. Ltd (C 4217) asked this Hounourable Court to:

1. Declare that the title on the airspace of the building known as Block Two in the development bearing the name ‘Rocklands’, Windsor Terrace, Tas-Sliema, was enrolled in the Public Registry in favour of the applicant company by note of enrollment number 12564/1992 before the registration of the same airspace made by the respondent company L-Għajn Construction Co. Ltd. by note of enrollment number 16492/2010;

2. Declare that Gauci Holdings Co. Ltd. has a good title and are the owners of the airspace of the builidng known as Rock Two in the development bearing the name ‘Rocklands’, Windsor Terrace, Tas-Sliema, as better described in the contract of the 17th day of July, 1992, in the records of Notary Dr Carmel Martinelli herewith attached as Document ‘GH2’;

3. Declare that the respondent company L-Għajn Construction Co. Ltd is occupying the said airspace illegally and unlawfully;

4. Consequently order the respondent company L-Għajn Construction Co. Ltd. or its representatives or dependents to vacate and leave free the same airspace in favour of the applicant company;

5. Consequently and/or alternatively uphold the other claims listed in the abovementioned Sworn Application.

With court costs against the respondents who are as of now summoned so that a reference to their oath be made. 

Applicant Company: Gauci Holdings Co. Ltd (C 4217), Gauci House, Triq Pawlu Balzan, Ħaż-Żebbuġ, Malta

Services: L-Għajn Construction Company Limited (C6360) and Ideal Constructions Ltd (C 7530)
L&A Camilleri, Triq San Tumas, Ħal Luqa
The Sworn Application in the names Gauci Holdings Co. Ltd (C 4217) vs Terres Co. Ltd (C 5757) et was deferred for hearing to the 19th day of February, 2018, at 9.00 a.m.

Registry of the Superior Courts

Today Friday, the 19th day of January, 2018

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD
For the Registrar, Civil Courts and Tribunals



114

By means of a decree given by Civil Court (Family Section) in the records of the Application in the names Fenech Mary-Ann vs Galea Johann, Application number 269/17 AL, on the 10th January, 2018, the following publication was ordered for the purpose of service of the respondent Johann Galea, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, presented, in the Civil Court (Family Section) in the names Mary-Ann Fenech (ID 230176M) vs Johann Galea (ID 26179M) on the 7th July, 2017, the applicant Mary-Ann Fenech (ID 230176M) asked this Honourable Court, so that saving any necessary and opportune declaration,

1.  It pronounces the dissolutiion of the marriage between the parties and upholds the other demands in the application.

With costs

By means of a Notice of Hearing of a cause issued by the Registry of the Superior Courts, on Thursday 18th January, 2018, the Application in the names Fenech Mary-Ann vs Galea Johann, Application number 269/17 AL, was appointed for hearing on Thursday, 15th March, 2018, at 9.15 a.m.

Applicant: 64, Roma, Triq id-Duluri, Birżebbuġa

Respondent: Mordor, Flat 1, Triq is-Siġġiewi, Ħaż-Żebbuġ

Registry of the Civil Courts (Family Section), 19th January, 2018

ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals



115

By decree given by the Civil Court, First Hall on the 19th December, 2017, on the application of Enemalta plc (C 65836) f/k as Enemalta Corporation, Tuesday, 20th February, 2018, at half past eleven in the morning (11.30 a.m.) has been affixed for the Sale by Auction, to be held on the First Floor, Courts of Justice, Triq ir-Repubblika, Valletta of the following property:

Half undivided share of a divided portion of a field known as ‘Tax-Xluq’, in the district of ‘Ta’ Ħal Xluq’, limits of Siġġiewi, bordering from the West Triq ta’ Bur it-Tokk from where is has the access from the North with another portion which consists of a dry land field of measuring ċirka half an acre which is equivalent to six hundred and nineteen point seventeen metres squared (619.17 m.k.) valued at twelve thousand euro (€12,000).

The share of two portions of land forming part of a field in the limits of Ħal Għaxaq known as ‘Tal-Ghiza’ or ‘Tal- Fortizza ta’ Karaċċ’ bordering from the North in part with a property of the Government of Malta and in part with property of Vitor known as ‘Ta’ Berber’, from the West with a street named ‘tal-Karaċċ’ from where is the entrance, from the East with property of Vitor known as ‘Ta’ Berber’ and from the South with property of Mikiel ta’ Ghita. 

The other portion borders from the North and from the East with street known as ‘Tal-Ghiza’ and in part with property of Vitor known as ‘Ta’ Berber’, from the West partly with property of Vitor known as ‘Ta’ Berber’ and in part with a the portion of land described before and from the South with a land of Mikiel ta’ Ghita. 

The two portions with all its rights and appurtanances are valued at fourty six thousand euro (€46,000).

The said tenement is the property of Azzopardi Joseph (ID 21443M).

N.B. The said tenement will be sold as described in the Judicial Sales Act 71/16.

Registry of the Superior Courts, this Friday, 19th February, 2018

RUDOLPH MARMARÀ
For Registrar, Civil Courts and Tribunals



116

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 15th day of December, 2017, in the records of the Application in the names Bank of Valletta plc (C 2833) vs Antoine Vassallo (ID 825847M) et, Application Number 1004/2017 MH, it was ordered that service upon Antoine Vassallo (ID 825847M) be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.
By means of an Application filed in the First Hall Civil Court, in the names Bank of Valletta plc (C 2833) vs Antoine Vassallo (ID 825847M) et on the 31st day of October, 2017, the applicant company Bank of Valletta plc (C 2833) respectfully submitted:

That by virtue of a contract of constitution of debt in the records of Notary Dr Pierre Falzon dated the 21st day of December, 2007 (Doc. ‘A’), the respondents declared themselves true, certain and liquid debtors of the applicant company in the sum of one million, one hundred and seventy-five thousand, two hundred and ninety-four euro and sixty-six cents (€1,175,294.66) together with further interest until the date of effective payment.

That more than five years have passed since the abovementioned contract became executable and the debt of the respondents is still outstanding and therefore this application had to be filed.

That the debt of the respondents today accounts for one million, nine hundred and thirty-three thousand, seven hundred and fifty-six Euro and thirty-seven cents (€1,933,756.37) together with costs and further interest from the 19th day of October, 2017 until the date of actual payment (Doc. ‘B’).

Therefore, the applicant company asks this Honourable Court to authorise it to execute the contract dated the 21st day of December, 2007, in the records of Notary Dr Pierre Falzon (Doc. ‘A’) in the abovementioned names, with court costs against the same respondents.

Applicant Company: Bank of Valletta plc (C2833), 1/5, Misraħ San Ġorġ, Valletta

Services: Antoine Vassallo (ID 825847M), 32, Vassallo, Triq Ħal Tartarni, Rabat

The Application in the names Bank of Valletta plc (C 2833) vs Antoine Vassallo (ID 825847M) et was deferred for hearing to the 5th day of March, 2018  at 9.00 a.m.

Registry of the Superior Courts
Today Friday, the 19th day of January, 2018

AV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD
For the Registrar, Civil Courts and Tribunals



117

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 30th October, 2017, Application number 1402/2017 by Elisabeth Frieda Hooft van Husdunen whereby she prayed that it be declared open in favour of the same Elisabeth Frieda Hooft van Huysdunen and her children the Succession of Hendricus Petrus Heezius, born in Haarlem, Netherlands, resided in Tas-Sliema, Malta, and died in Barcelona, Spain, on the 15th April, 2017, aged 54, holding identity card number 0150778A.

Wherefore, any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

Registry of the Civil Court, Voluntary Jurisdiction Section

Today 19th January, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals



118

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 15th December, 2017, Application number 1639/2017, by Antonia sive Tania Fenech and others whereby they prayed that it be declared open in favour of Antonia sive Tania Fenech, wife of the decujus and this in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Vanessa Borg and Priscilla Troan, children of the decujus, in equal shares between them the Succession of George Fenech, son of the late Manuel Fenech and Mary née Camenzuli, born in Ħal Balza, resided in Mosta and died in tal-Qroqq, Msida, on the 19th July, 2017, aged 69, holding identity card number 775747M.

Wherefore, any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

Registry of the Civil, Court Voluntary Jurisdiction Section

Today 19th January, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
                


119

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 2nd January, 2018, Application number 5/2018 by Alfred Caruana Pettett et whereby they prayed that it be declared open in favour of the same Alfred Caurana Pettett and his brother Edward John Caruana in equal shares between them the Succession of Maria (Mary) Caruana, widow of John Caruana, daughter of the late Frank Pettettand Elena née Brightwell, born in Valletta, resided in Valletta, Malta, and died in Tal-Qroqq, Msida, on the 15th April, 2017, aged 92, holding identity card number 81525M.

Wherefore, any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

Registry of the Civil Court, Voluntary Jurisdiction Section

Today 19th January, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals



120

It is hereby notified that the Court of Magistrates (Malta) by means of a decree given on the 22nd September, 2017, in the records of the judicial letter number 2131/16, in the names Argus Insurance Agencies Limited noe vs Sandro Lucia, ordered the following publication for the purpose of effecting service on the defendant, in terms of Article 187(3) of Cap. 12.

By means of a judicial letter filed in the Court of Magistrates (Malta) against Sandro Lucia of 28, Jesu Mari Lamau, Triq il-Ġiżimin, Swieqi, on the 19th August, 2016, Argus Insurance Agencies Limited (C 597) for and on behalf of the foreign company Argus Insurance Company (Europe) Limited of La Concorde, triq Abate Rigord, Ta’ Xbiex, and Farah Baldacchino, whilst reference is made to your judicial letter dated 13th June, 2016, sent with reference to the car accident that occured on the 2nd February, 2016, at about 6.03 p.m. in Triq Aldo Moro, Marsa, between the vehicle driven by the interpellant Joseph Baldacchino with registration number LCS 137 and the vehicle driven by you Sandro Lucia with registration number SLY 001, once again they reiterate that they have already accepted responsibility for the accident so much so that they have already made payment for all damages incurred, and they also offered you the sum of €904.27 in full and final settlement for your claim for loss of profit.


This amount is a just and fair representation of your loss of profit as a result of the accident and any additional amount claimed by you is not due as a result of any responsibility of the applicants but solely as a result of the actions/inactions of the panel beater engaged by you who did not dismantle the vehicle in accordance with art and trade and with delay caused from the ordering of parts which had absolutely no causal link to the accident in question. 

The interpellant request you to desist from filing any further useless proceedings in their regard in connection with your claims as set out in your judicial letter. 


So much for your own guidance and to avoid costs and useless procedures.

With costs

Registry of the Court of Magistrates (Malta), today 19th January 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



121

By means of a decree of the 31st October, 2017, of the Courts of Magistrates (Malta) in the records of judicial letter number 2873/16, in the names Carmelo sive Charles Focà vs Paolo Di Siervo, the following publication was ordered for the purpose of effecting service on the respondent in terms of Article 187(3) et sequitur of Cap. 12.

In the Courts of Magistrates (Malta)

Today 15th November, 2016

To  Paolo Di Siervo (ID 0125979A) of Galleon, Flat 2, Triq Patri Ġużepp Calleja, St Paul’s Bay

By the present Carmelo sive Charles Focà (ID 462371M) of Soleado, Triq Salvu Buhagiar, Marsaskala, reference is made to the bill of exchange (here attached) accepted and signed by you on the 30th May, 2016, for the total amount of €1,800, which bill of exchange today has expired without being paid.

Your are here being solicited so that immediately you pay the amount of €1,800, being the value of the bill of exchange, accepted and signed by you that has expired without being paid, as above mentioned.

In addition, in terms of Article 253(e) of Cap. 12 of the Laws of Malta, the applicant is rendering executable tha above mentioned bill of exchange.

You are being informed that, in terms of the Article of Law above mentioned, you can request the competent Court to suspend the execution of the bill of exchange or bills of exchange in its entirety or in part and subject to security and also without such security, by filing an application within twenty (20) days from the day of notification of this judicial letter, on the basis that the signature on it is not yours or of your mandatory or if you have grave and valid reasons to oppose this execution .

So much so that you regulate yourself according to law

With costs and interests that till now have accrued from the due date of the bill of exchange above mentioned till the date of effective payment.

Registry of the Court of Magistrates (Malta), today 19th January, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals


 
122

Bann for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court, on the 9th January 2018, following a request of HSBC Bank Malta plc, it was ordered that deputy curators be chosen to represent the absent Valeria Zusina, in the Judicial Letter number 49/2018, in the names HSBC Bank Malta plc vs Deputy Curators and in the other relative and subsequent acts.

By means of a Judicial Letter, filed, in the First Hall Civil Court, against Deputy Curators to represent the absent Zusina Valeria (Russian passport 63No3729146) of the 8th January, 2018, the company HSBC Bank Malta plc (C 4177) of 32, Triq il-Merkanti, Valletta, brings to your formal notice, that by a public deed of Notary Dr David Joseph Borg, of the 7th December, 2017, the interpellant acquired from Spinola Developments Company Limited (C 311) their credit against you in the amount of (€3544.42) resulting from a judgement of the Small Caims Tribunal of the 21st April 2017,in the names ‘Spinola Development Company Limited (C 311) , Portomaso Business Tower, Level 3, Portomaso, St. Julian’s vs Dr Leontine Calleja who by decree of this Tribunal of the 20th February , was appointed Deputy Curator to represent the absent Valeria Zusina, Russian passport number 63No3729146’.

That you are called upon so that within two days from when you recieve this letter you pay the sum of eight hundred thirty-six thousand, four hundred and eight euro and ten cent (€836,408.10) due by you on acccount with number 14140597, which sum was duly given to you on a facility of a Home Loan with the interpellant Bank and accepted by you, by means of a contract in the records of Notary Doctor Remigio Zammit Pace, dated 17th November, 2007, besides further interest at the rate of 8% yearly on the capital sum from the nineteen December, 2017, till the date of effective payment, which sum although you were duly called upon you failed to pay.

In default further Court action will be taken against you without any other prior notice.

So much so that you may know how to regulate yourself

This letter is also to serve as a formal notice of the assignment of the credit in terms of Article 1471 of the Civil Code (Cap. 16 of the Laws of Malta) .

With costs

You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this Registry within six days and by means of a minute to submit a declaration that he wishes so to act.

You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.

And after so acting or if you should encounter any difficulty in the execution of this ban, you are to inform forthwith this Court.

Given by the Civil Court First Hall above mentioned with the witness of the Hon. Mr Justice Toni Abela, LLD, Doctor of Laws.

Today 9th January, 2018

Registry of the Superior Courts, today 19th January, 2018

ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals 



123

Bann for Curators

Republic of Malta

To the Marshal of the Courts

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 10th day of January, 2018, following the request of John Soler (ID 951349M) et, it was ordered that deputy curators be appointed to represent the unknown owners in the records of the Schedule of Deposit and Concurrent Redemption of Ground Rent with number 36/2018 in the names John Soler (ID 951349M) et vs Deputy Curators and in the other relative and subsequent acts.

By a Schedule of Deposit and Concurrent Redemption of Ground Rent, filed on the 9th day of January, 2018, in the First Hall of the Civil Court, in the names John Soler (ID 951349M), retired, born in San Ġiljan and residing at Tas-Sliema, Malta, Dr Paul Soler (ID 652060M), pediatrician, born in San Ġiljan and residing at Swieqi, Malta, and Adelaide Abela (ID 563546M), spouse of Architect Anthony Abela, a housewife, born in Furjana and residing at San Ġwann, Malta

vs

Deputy Curators to represent the unknown owners, John Soler (ID 951349M) et respectfully submitted:

That the depositors possess the property number 147 previously with number 73, Qormi Road, Marsa/Ħamrun, described in the aforementioned Schedule of Deposit and Concurrent Redemption of Ground Rent;

That the said property is subject to an annual and perpetual ground rent, amount given in the same Schedule of Deposit and Concurrent Redemption of Ground Rent;

That the depositors would like to avail themselves of the faculty contemplated in Article 1501 of the Civil Code (Cap. 16 of the Laws of Malta) and redeem this same ground rent in terms of the cited law by depositing the sum of €53.80 which represents the price of redemption of the said ground rent as well as the amount of €13.45 representing the ground rent of the last five years in order to be freely withdrawn by the deputy curators appointed to represent the unknown owners, after the due receipt is left according to law.

Depositors: John Soler (ID 951349M) et, 15, Flat 4, Triq Howard, Tas-Sliema

Services: Deputy Curators, Superior Courts, Valletta

Director of the Public Registry, Valletta

Now, Therefore, Marshal of the Courts, you are hereby commanded to affix an official copy of this Bann at the entrance of this Superior Court and to hereby call whosoever wishes to be nominated as a curator to present himself/herself in this Registry within six days and make known his/her interest through a declaratory note. 

You are further commanded to inform each and every one that in default, this Court will proceed to nominate an official curator.
And after execution, or upon your meeting with any obstacle in the execution hereof, you shall forthwith report to this Court.

Given by the abovementioned Superior Court and witnessed by The Hon. Mr Justice Toni Abela, LLD, Doctor of Laws.
Dated this 10th day of January, 2018

Registry of the Superior Courts
Today Friday, the 19th day of January, 2018

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD
For the Registrar, Civil Courts and Tribunals



124

By means of a decree of the 6th December, 2017, of the Rent Regulation Board, in the records of the Application in the names Albert Micallef et vs Anthony Balzan, Application Number 134/2017JD, the following publication was ordered for the purpose of effecting service on the respondent Anthony Balzan in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12)

By means of an application in the names Albert Micallef (ID 756658M), Joseph Micallef (ID 185470M), Claudio Micallef (ID 319278M), Robert Micallef (ID 520080M), Carmelo Micallef, Catherine Micallef and Joyce Micallef vs Anthony Balzan (ID 764255M), filed before the Rent Regulation Board on the 10th October, 2017, the applicant Albert Micallef (ID 756658M), Joseph Micallef (ID 185470M), Claudio Micallef (ID 319278M), Robert Micallef (ID 520080M), Carmelo Micallef, Catherine Micallef and Joyce Micallef vs Anthony Balzan (ID 764255M) requested with respect that:

The respondent leases the garage number 64, Triq Birkirkara previously Triq il-Kbira, San Ġiljan previously forming part of a bigger farmhouse which had been segregated and which was leased for commercial purposes and the respondent was given the right to use it for any commercial purpose only if he gets the permit according to law and this according to the lease agreement here attached and marked as Doc. A;

The respondent never got the permit for his business and this as it results from the attached search marked as Doc B and although the premises areused, they are used illegally and not according to the relative lease agreement.

Accordingly, the respondent is not abiding with the conditions of the relative lease and/or is using the premises for reasons other than those for which the premises were leased.
In the opinion of the applicants, the respondent does not have any defences to make to the applicants’ request.

Thus, the applicants requests this Board to;


1. Decide this application summarily without proceeding to trial in terms of Article 16A of Cap. 69 of the Laws of Malta;

2. Declare that the respondent is not abiding with the conditions of the relative lease of the premises garage number 64, Triq Birkirkara previous Triq il-Kbira, San Ġiljan previously forming part of a bigger farmhouse which was segregaged and/or is using the same premises for reasons other than those that for the premises were leased;

3. Authorise the applicants to resume possession of the premises garage number 64, Triq Birkirkara previously Triq il-Kbira, San Ġiljan previously forming part of a bigger farmhouse which was segregated and consequently order the respondent so that within a short and peremptory period that is established by this Board the respondent vacates the same premises.

Applicant: Block 8, Flat 1, triq Monserrat, Il-Birgu
Respondent: 133, Triq il-Meditterran, San Ġiljan

The application in the names Albert Micallef et vs Anthony Balzan, Application number 134/2017JD, has been postponed for hearing to the 2nd February, 2018, at 1.00 p.m. 

This is a summary procedure according to article 16A of Cap. 69 of the Laws of Malta in which procedure the judgment will be given on the first day of hearing of the application and if the respondent does not make an appearance at the sitting (does not appear although duly notified) or if he fails to show, during that sitting, that he has a valid defence and reasons to contest the applicant’s request. 

 Registry of the Superior Courts, today 19th January, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



125

By means of a decree of the 19th November 2017, in the records of the judicial letter number 1901/17, in the names Antonio Asciak vs Gordon Farrugia et noe, the First Hall of the Civil Court ordered the following publication for the purpose of service of the respondents et noe in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court
Today 23rd May, 2017

To Gordon Farrugia (ID 511877M) of Il-Boma, Sqaq il-Mudurbu, Mqabba

James Mifsud (ID 277377M) of Villalba, Triq San Anard, Ħaż-Żabbar, in their own personal capacity and for and on behalf of Buz-Dov Properties Ltd (C 38478) of Il-Boma, Sqaq il-Mudurbu, Mqabba

By means of this present Antonio Asciak (ID 0102655M) of Pollux, Flat 1, Triq Santa Katerina, Qrendi, solicits you so that within three days you come forward for the deed of sale, to transfer to the interpellant the property Pollux, Flat 1, Triq Santa Katerina, Qrendi.

If within the time granted to you, the deed of sale would not have been executed, the applicant will have no alternative but to file the opportune procedeeings against you both criminal and civil.

So much so that you may know how to proceed

With costs and interest according to law

Registry of the Superior Courts today 19th January, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



126

By means of a decree of the 19th October, 2017, given by the Civil Court First Hall in the records of judicial letter number 1275/17, in the names Registrar of Civil Courts and Tribunals vs Maria Sammut, the following publication was ordered for the purpose of effecting service on the respondent in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

Today 4th April, 2017

To Maria Sammut (ID 4977A) of 2, Salina Park, Fl 8, Triq il-Kappella tal-Lunzjata, Naxxar
    
By the present the Registrar of Civil Courts and Tribunals of Law Courts, Triq ir-Repubblika, Valletta, solicits you so that within four days from the notification of this judicial letter you pay the sum of €2,366.50 due by you as Registry fees in connection with the law suit in the names:


Mediterranean Flower Products Limited vs Flower Power (Sales) Limited et noe (SC, GCD, NC) deserted on the 14th June, 2016.
In default the applicant reserves to proceed further against you according to law.

So much for your own guidance

With costs
 
Registry of the Superior Courts today 19th January, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



127

By means of a decree of the 16th August, 2017, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 692/2017 in the names Automated Revenue Management Services Ltd pro et noe vs Christopher Bugeja, the following publication was ordered for the purpose of effecting service on the interpellant Christopher Bugeja in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta) 

Today 15th March, 2017

To Christopher Bugeja (ID 462973M) of 9, Sqaq Karla, Birkirkara

By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €1,765.45, which amount is sure, liquid and due and respresenting the balance due for the consumption of water and electricity, rent of water and electicity meter, administrative fees, connection and disconnection fees, together with interest due on the amount according to law, regarding the bill number 101000222558 for the premises 9, Sqaq Karlu, Birkirkara which amounts to €1,765.45.


Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.

This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.
With costs

Registry of the Court of Magistrates (Malta), today 19th January, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



128

By means of a decree of the 16th August, 2017, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 905/2017 in the names Automated Revenue Management Services Ltd pro et noe vs Adriana Casha, the following publication was ordered for the purpose of effecting service on the interpellant Adriana Casha in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta) 

Today 28th March, 2017

To Adriana Casha (ID 122581M) of Ent C, Flat 8, Triq Luigi Pisani, Kalkara
 
By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €2,197.30, which amount is sure, liquid and due and respresenting the balance due for the consumption of water and electricity, rent of water and electicity meter, administrative fees, connection and disconnection fees, together with interest due on the amount according to law, regarding the bill number 101000223995 for the premises Flat 8, Ent C 25, Anniversary, Triq Luigi Pisani, Kalkara which amounts to €2,197.30.


Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.

This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.

With costs
Registry of the Court of Magistrates (Malta), today 19th January, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



129

By means of a decree of the 7th December, 2017, in the records of the judicial letter number 3682/17 in the names Jean Carnevillier vs Fabrizio Gatt, the First Hall of the Civil Court ordered the following publication for the purpose of service of the respondent in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

Today 5th October, 2017

To Fabrizio Gatt (ID 462674M) of Gatt & Associates, 536, Block A, Flat 1, Triton Mansions, Triq it-Turisti, St Paul’s Bay.

By means of this present Jean Carnevillier (ID 62355A) of The Garden House, Triq il-Kbira, Mosta, makes reference to the works that you were ordered to carry out at the premises of the interpellant with number 469, Triq il-Kbira, Mosta, and in particular makes reference to the bill of quantities, item 2.15 of the same that refer to “Supply and lay 200mm deep (average) blinding layer C25, made to falls including all preparation required to include top concrete finish”.

The respondent failed to carry out the works as agreed in terms of the bill of quantities agreed because the respondent failed to install “blinding layer C25” according to the bill of quantities and the bills that were sent to the interpellant indicated that a “screed” was applied under the top layer. In addition, from technical examinations which have been carried out, it results that not even a screed was applied and instead the respondent placed sand underneath the concrete slab, and this without the consent of the interpellant and without his knowledge. This notwithstanding, the respondent requested, and got paid, the rate which referred to “blinding layer C25” without the respondent changing the bills such that they reflect what was effectively supplied.

Notwithstanding the legal letter that was sent to the repsondent to refund the difference in the amount from what had been agreed and paid and what has in fact been done, the respondent remained in default.

Thus, the respondent is being solicited so that within one week from the notification of this judicial letter, he comes forward for the liquidation and difference in payment from that agreed and paid, and that which was effectively supplied by the respondent.
In default the interpellant will proceed further against the respondent without further notice.

So much so you may know how to proceed

With costs

Registry of the Superior Courts today 19th January, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



130

By a decree of the 15th January, 2018, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to article 338(1) and 187 (3) of the Code of Organization and Civil Procedure (Cap. 12)

That by application and a Schedule of set-off filed contemporaneously by J. Zammit Limited (C 37945) on the 27th July, 2017, the approval of the said judicial acts is being demanded for the amount of €3,980 following judicial sale by auction 19/15 in the names J. Zammit Limited (C 37945) vs Dennis Charles O’Brien (ID 364999M) et held under the Authority of the said Court on the 21st June, 2017.

According to Article 338 (2) of Cap. 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall, with the answer, file all relevant evidence to substantiate their opposition.


Registry of the Superior Courts, this Friday, 19th January, 2018

RUDOLPH MARMARÀ
For the Registrar, Civil Courts and Tribunals



131

By decree given by the Civil Court, First Hall on the 11th September, 2017, on the application of Vella Alfred (KI 220963M), Tuesday, 30th January, 2018, at half past ten in the morning (10.30 a.m.), has been fixed for the Sale by Auction to be held on the First Floor, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Property without number named ‘St Anthony’ in Triq in-Nigret, Rabat with an area of approximately 160 metres squared, free and unencumbered with all its rights and appurtenances, with a deep well which is in common with the adjacent property on the East. The property (including its airspace) is valued at two hundred and sixty-five thousand euro (€265,000).

The said tenement is the property of Vella Paul (KI 788952M) et.

N.B. The said tenement will be sold as described in the acts of judicial sales number 31/2017.

Registry of the Superior Courts, this Friday, 19th January, 2018

RUDOLPH MARMARÀ
For the Registrar, Civil Courts and Tribunals




132

By a decree of the Small Claims Tribunal of the 29th September, 2016, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Go plc (C 22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 15th September, 2016, whereby they asked the Tribunal to condemn Bramley Jane (ID 124228A) of Bluemoon, Triq Dun Karlu Zimech, Nadur, to pay the plaintiff company the sum of €1872.53, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 385/16AM) is deferred on the 9th February, 2018, at 12.30 p.m.

Registry of the Courts of Magistrates (Malta), today 22nd January, 2018
 
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals.



133

By a decree of the Small Claims Tribunal of the 26th April, 2017, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Vodafone Malta Limited (C 10865) of Skyparks Business Centre, Malta International Airport, Ħal Luqa, filed a Claim on the 26th April, 2017, whereby they asked the Tribunal to condemn Christopher Pace (ID 331485M) of Blk B, Flat 6, Triq Bella Vista, San Gwann, to pay the plaintiff company the sum of €479.27, which amount is due to the plaintiff company.

With costs and legal interests
The case (Claim number 225/17PM) is deferred on the 5th February, 2018, at 12.30 p.m.

Registry of the Courts of Magistrates (Malta) today 22nd January, 2018
 
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



134

By a decree of the Small Claims Tribunal of the 4th July 2017, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Go plc (C 22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 28th June, 2017 whereby they asked the Tribunal to condemn Harvey Gregory Stephen (ID 40068A) of Suntrope Court, Flat 1, Triq Sant’Antnin, St Paul’s Bay, to pay the plaintiff company the sum of €858.08, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 297/17AM) is deferred on the 9th February, 2018, at 12.30 p.m.

Registry of the Courts of Magistrates (Malta), today 22nd January, 2018
 
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



135

By a decree of the Small Claims Tribunal of the 7th September, 2017, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Go plc (C 22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 4th September, 2017, whereby they asked the Tribunal to condemn Reith Kevin Gifford (ID 49773A) of Maria Flares, Flat 3, Triq J. Quintinus, St Paul’s Bay, to pay the plaintiff company the sum of €2,206.47, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim Number 425/17AM) is deferred on the 9th February, 2018, at 12.30 p.m.

Registry of the Courts of Magistrates (Malta), today 22nd January, 2018
 
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals